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Res 1975-044
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Res 1975-044
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8/25/2008 1:28:19 PM
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8/25/2008 1:28:19 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Lease
Number
1975-44
Date
9/22/1975
Volume Book
45
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<br />-- <br /> <br />II <br /> <br />I <br /> <br />,. <br /> <br />. . <br /> <br />. <br /> <br />. <br /> <br />It is specifically understood and agreed that nothing contained <br />herein shall be construed as a granting or authorizing the granting <br />of an exclusive right for exercising of an aeronautical activity, <br />nor to conduct any activity which is discriminatory and Lessee <br />specifically agrees to operate a non-discriminatory operation. <br /> <br />Lessor reserves the right to take any action it considers necessary <br />to protect the aerial approaches of the airport against obstruc- <br />tions; and additionally, to limit the Lessee from erecting or per- <br />mitting to be erected any building or structure on the airport and <br />on the demised premises that would limit the usefulness of the air- <br />port or that would constitute a hazard to aircraft. <br /> <br />Lessor reserves the right to further develop the airport as it <br />sees fit regardless of the desires of the Lessee, and without any <br />hinderance or interference from such Lessee. Lessor expressly <br />reserves the right to grant to others additional leases and pri- <br />vileges with respect to said airport facility even though the pur- <br />poses for which such additional leases are given are the same and <br />duplicates those contained in this lease. <br /> <br />This lease shall be subordinate to provisions of any existing or <br />future agreement entered into by and between Lessor and the Federal <br />or State Government for the improvement, operation and maintenance <br />of the airport; provided that if such agreement restricts the oper- <br />ation of the demised premises, appropriate rental reductions shall <br />be negotiated. In the event that such appropriate rental reductions <br />cannot be negotiated, then this lease shall terminate and the par- <br />ties hereto shall have no further obligations hereunder. <br /> <br />The use of the subject premises by Lessee shall be restricted to <br />those connected with aviation purposes or aviation related purposes, <br />except for uses expressly excluded hereby. <br /> <br />All permanent improvements, on demised property, placed upon the <br />premises by Lessee during the term of such lease shall revert to <br />Lessor on termination of the lease; PROVIDED, HOWEVER, that Lessee, <br />having paid all rentals and not in default thereof, shall be given <br />a reasonable time, not to exceed thirty (30) days after the termin- <br />ation of this lease to remove all of Lessee's personal property. <br /> <br />Lessee shall be responsible for all mai~tenance, repairs, and upkeep <br />of the ground and uti~ities upon the demised premises. All utility <br />bills for which the City becomes liable on the demised property <br />shall be paid by Lessee on the demised property. <br /> <br />Lessee shall not assign or sublease this lease without first obtain- <br />ing the prior written approval of the Lessor, which approval shall <br />not be unreasonably withheld, and further provided that no sublease <br />or assignment of lease shall ever be given except for the purposes <br />and uses authorized hereby. <br /> <br />The operation of Lessee's business upon and about the airport faci- <br />lity and upon the demised premises shall be subject and in confor- <br />mance with all State, Federal, and City ordinances and regulations. <br /> <br />Lessee shall furnish all of its service on a fair, equal, and not <br />unjustly discriminatory basis to all users and shall charge fair, <br />reasonable, and not unjustly discriminatory prices. ~ <br /> <br />THIS LEASE EXECUTED IN DUPLICATE ORIGINALS this ~--day <br />of OCt/)/3EJ? , 197.5'. - <br /> <br />CITY ~~AN MARCOS, TEXAS <br /> <br />?f ((j <br />B1 lroft~ ~.-v'-- <br />! <br /> <br />AT, TE"ST' i <br /> <br />Itv~ ~/ <br /> <br />eJ.: y Secretary <br /> <br />d;~ <br /> <br />Clty Aft rney <br /> <br />
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